Establishing A Moratorium Until December 30, 2011 On The Approval Of Any New Electronic Sign, Including Electronic Display Panels And Electronic Message Reader Boards; Exempting Certain Signs (Benton)

CITY of ALBUQUERQUE NINETEENTH COUNCIL COUNCIL BILL NO. R-11-294 ENACTMENT NO. ________________________ SPONSORED BY: Isaac Benton RESOLUTION t Establishing A Moratorium Until December 30, 2011 On The Approval Of Any New Electronic Sign, Including Electronic Display Panels And Electronic Message Reader Boards; Exempting Certain Signs (Benton) b ESTABLISHING A MORATORIUM UNTIL DECEMBER 30, 2011 ON THE APPROVAL OF ANY NEW ELECTRONIC SIGN, INCLUDING ELECTRONIC DISPLAY PANELS AND ELECTRONIC MESSAGE READER BOARDS; EXEMPTING CERTAIN SIGNS. WHEREAS, Council Bill No. F/S R-10-99 adopted on June 23, 2010 created the Electronic Sign Task Force (the “Task Force”) made up of representatives from the community and the sign industry to review and recommend policies with respect to electronic signs, including electronic display panels and electronic message reader boards; and WHEREAS, the Task Force was constituted, met, sought public input including a public survey and has issued its Final Report; and WHEREAS, based on the recommendations of the Task Force, legislation has been introduced to amend the City's Zoning Code sign provisions to address concerns raised by the Task Force and concerns raised by residents of the City of Albuquerque; and WHEREAS, any sign approved between now and the time Council Bill No. O-11-69 is acted on by the Council that is inconsistent with the recommendations of the Task Force and the goals of the proposed legislation will be detrimental to the City, the taxpayers and the applicants; and WHEREAS, a short moratorium on the approval of new electronic signs that are inconsistent with the recommendations of the Task Force as set forth in Council Bill No. O-11-69 is in the best interest of the City and its residents; and WHEREAS, this moratorium is adopted to ensure the protection of the safety and welfare of the general public. BE IT RESOLVED BY THE COUNCIL, THE GOVERNING BODY OF THE CITY OF ALBUQUERQUE: Section 1. There is hereby adopted a moratorium on the approval of a permit for any sign that is defined by this Resolution as either an Electronic Display Panel or an Electronic Message Reader Board and that is not consistent with the requirements set forth in Exhibit A attached to this bill. Section 2. For purposes of this Resolution an Electronic Display Panel is defined as: “A sign which includes: flat screen, active display matrix, or any electronic display capable of displaying multiple high speed communications, images, graphics in varying color. Such displays include but are not limited to: Light Emitting Diodes, Liquid Crystal Display, Plasma Display Panels, pixel or subpixel technology, other fiber optics or illumination devices within the display area. The electronic control allows for automated changing messages that are used for the purpose of advertising, way-finding or other information.” Section 3. For purposes of this Resolution an Electronic Message Reader Board is defined as: “A sign with light bulbs used to display single or multiple lines of text. The horizontal columns of light can produce changing messages or copy by programmable electronic or mechanical processes. It can also be a sign utilizing a fixed light source to provide a message in text, images, pictures and/or symbols that may appear to move or may appear as an on-off message. Examples of electronic message boards include but are not limited to: monochrome price sign - displays numbers only, in a static message against a dark background (Example: gas stations); changeable price sign - displays numbers and/or text, with alternating messages against a dark background (Example: gas stations); monochrome message reader board - displays text and/or limited graphics, with changing messages (Example: bus stops, community centers).” Section 4. This moratorium shall not apply to any sign: a) for which, prior to the adoption by the City Council of this Resolution, an application for the sign permit or for a site plan or site plan amendment to allow the sign has been submitted to the City and is pending; or b) which meets the requirements set forth on Exhibit A attached to this bill. Section 5. This moratorium shall expire on December 30, 2011 or upon enactment of the City Council on Bill No. O-11-69, whichever occurs first. X:\SHARE\Legislation\Nineteen\R-294final.doc EXHIBIT A 1. No new electronic sign shall be allowed within any residential zone or historic district. 2. No electronic sign shall be allowed within 1/8 mile (660 feet) of the outer edge of the right-of-way of the following streets: Alameda Boulevard, Griegos Road, Rio Grande Boulevard, and Tramway Boulevard. 3. No electronic sign shall be allowed within 1/4 mile (1320 feet) of the boundary of Major Public Open Spaces and/or the Petroglyph National Monument. 4. For electronic signs within 40 feet of a Residential Zone, in addition to the existing requirements of Section 14-16-3-5(C) of the Zoning Code: a) no portion of an illuminated sign shall have a luminance greater than 200 footlamberts at night and electronic signs shall include a photo cell to control brightness; b) Electronic signs shall not exceed an illumination level of 0.3 foot candles above ambient light as measured using a foot candle meter at a preset distance depending on sign area, measured as follows: Area of Sign Measurement sq. ft. Distance (ft.) 10 32 15 39 20 45 25 50 30 55 35 59 40 63 45 67 50 71 55 74 60 77 65 81 70 84 75 87 80 89 85 92 90 95 95 97 100 100 For signs with an area in square feet other than those specifically listed in the above table the measurement distance may be calculated with the following formula: Measurement Distance = The Square Root of the following: The Area of Sign Sq. Ft. x 100. c) no sign nor part of a sign shall move, flash, or rotate; d) no sign or any part of any sign shall change its message or picture at a rate more often than once each eight seconds, with the exception of wind devices, the motion of which is not restricted; e) no sign or part of a sign shall change its illumination more than once an hour. f) no sign shall include motion of the message or image; and g) transition between messages or images on an electronic sign shall not exceed one second and shall not include any visual effects. 5. For signs in a Nonresidential Zone, in addition to the existing requirements of Section 14-16-3-5(D) of the Zoning Code: a) no portion of an illuminated sign, apart from light bulbs used to indicate time or temperature, shall have a luminance greater than 320 footlamberts at night. Electronic signs shall include a photo cell to control brightness; and b) Electronic signs shall not exceed an illumination level of 0.3 foot candles above ambient light as measured using a foot candle meter at a preset distance depending on sign area, measured as follows: Area of Sign Measurement sq. ft. Distance (ft.) 10 32 15 39 20 45 25 50 30 55 35 59 40 63 45 67 50 71 55 74 60 77 65 81 70 84 75 87 80 89 85 92 90 95 95 97 100 100 For signs with an area in square feet other than those specifically listed in the above table the measurement distance may be calculated with the following formula: Measurement Distance = The Square Root of the following: The Area of Sign Sq. Ft. x 100. c) any illuminated sign, or any illuminated element of any sign, may turn on or off, or change its brightness, provided that change of illumination does not produce any apparent motion of the visual image, including but not limited to illusion of moving objects, moving patterns or bands of light, expanding or contracting shapes, or any similar effect of animation except twinkling; and provided that transition between messages or images on an electronic sign shall not exceed one second and shall not include any visual effects, meaning any transitional images or changes to the message before the new message appears. d) no sign or any part of any sign may move or rotate at a rate more often than once each ten seconds, or change its message or picture at a rate more often than once each eight seconds, with the exception of wind devices, the motion of which is not restricted.